action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) seek enforcement of child support orders of the state in other jurisdictions and shall obtain, enforce, and administer the orders in this state;(2) adopt regulations to carry out the purposes of this chapter and Alaska Stat. Chapter 25.25, including regulations that establish
(A) procedures for hearings conducted under Alaska Stat. § 25.27.170 and for administrative enforcement of support orders;(B) subject to Alaska Stat. § 25.27.025 and to federal law, a uniform rate of interest on arrearages of support that shall be charged the obligor upon notice if child support payments are 10 or more days overdue or if payment is made by a check backed by insufficient funds; however, an obligor may not be charged interest on late payment of a child support obligation, other than a payment on arrearages, if the obligor is
(i) employed and income is being withheld from the obligor’s wages under an income withholding order;(ii) receiving unemployment compensation and child support obligations are being withheld from the obligor’s unemployment payments under Alaska Stat. § 23.20.401; or(iii) receiving compensation for disabilities under Alaska Stat. Chapter 23.30 and child support obligations are being withheld from the obligor’s compensation payments;(C) procedures for establishing and disestablishing paternity under Alaska Stat. § 25.27.165 and 25.27.166, including procedures for hearings; and(D) procedures under which the agency shall enter into contracts or agreements with financial institutions, including brokerage houses, insurance companies, and other companies providing individual investment, transaction, or deposit accounts, doing business in the state to develop and operate an automated data match system as required by 42 U.S.C. § 666 (a)(17); the agency may pay a reasonable fee to a financial institution for conducting a data match under a contract or agreement under this subparagraph; the fee may not exceed the actual costs incurred by the financial institution for conducting the data match;(3) administer and enforce Alaska Stat. Chapter 25.25 (Uniform Interstate Family Support Act);(4) establish, enforce, and administer child support obligations administratively under this chapter;(5) administer the state plan required under 42 U.S.C. § 651 – 669 (Title IV-D, Social Security Act) as amended;(6) disburse support payments collected by the agency to the obligee, together with interest charged under (2)(B) of this subsection;(7) establish and enforce administratively under this chapter, or through the superior courts of the state, child support orders from other jurisdictions pertaining to obligors within the state;(8) enforce and administer spousal support orders if a spousal support obligation has been established with respect to the spouse and if the support obligation established with respect to the child of that spouse is also being administered;(9) obtain a medical support order that meets the requirements of Alaska Stat. § 25.27.060 (c) and 25.27.063;(10) act on behalf of the Department of Health in the enforcement of Alaska Stat. § 47.07.025 (b);(11) establish or disestablish, administratively under Alaska Stat. § 25.27.165 – 25.27.166 or through court action, the paternity of a child;(12) promptly provide to the Bureau of Vital Statistics, in a format approved by the bureau, any final agency decision administratively establishing or disestablishing the paternity of a child born in this state; and(13) act as the central registry for all child support orders and exchange information as required by federal law.(b) In determining the amount of money an obligor must pay to satisfy the obligor’s immediate duty of support, the agency shall consider all payments made by the obligor directly to the obligee or to the obligee’s custodian before the time the obligor is ordered to make payments through the agency. After the obligor is ordered to make payments through the agency, the agency may not consider direct payments made to the obligee or the obligee’s custodian unless the obligor provides clear and convincing evidence of the payment.(c) If admitted to the practice of law in the state, the director of the agency, or the director’s designee, shall sign a complaint or other pleadings on behalf of the agency in an action to establish or enforce a support obligation under this chapter in which the agency is not represented by the attorney general.(d) The agency may issue an administrative order or request a court order that requires an individual in arrears under an order of support for a child who is receiving assistance under Alaska Stat. Chapter 47.07, or under AS 47.25.310 – 47.25.420 or a successor program, or for a child whose parent, guardian, or designee of the parent or guardian has applied for aid from the agency under Alaska Stat. § 25.27.100, to make payments according to an approved payment plan or, if the individual is not incapacitated, to participate in appropriate work activities.(e) To the extent required by federal law and as necessary for locating individuals for child support purposes, the agency, the child support enforcement agency of another state, or the federal government is entitled to have access to information used by the Department of Public Safety or a successor agency to locate an individual for purposes relating to motor vehicles or law enforcement.(f) The agency shall, by regulation, establish procedures and standards for the forgiveness of an arrearage owed to the state under Alaska Stat. § 25.27.120. The agency may forgive arrears under this section, with the approval of the commissioner and without the approval of the Department of Law, if
(1) the obligor
(A) has or obtains employment for which income withholding is initiated under Alaska Stat. § 25.27.250 within 60 days after the date the obligor is approved for the forgiveness program;(B) enrolls in and successfully completes an employment training program approved by the agency and obtains employment for which income withholding is initiated under Alaska Stat. § 25.27.250 within 30 days after completion of the employment training program; or(C) enters into an agreement with the agency for alternative payment procedures if the agency determines that there are unusual circumstances justifying a waiver of income withholding;(2) the obligor is in compliance with additional requirements and limitations imposed by the agency by regulation to assure that forgiveness of the arrearage is in the best interest of the child and of the state; and(3) the obligor makes monthly payments pursuant to a payment agreement approved by the agency; if the obligor misses more than two monthly payments in a calendar year or more than two consecutive payments without approval of the agency for good cause, the obligor is not eligible to continue in the arrears forgiveness program under this section.(g) During each year in which an obligor complies with the requirements for the forgiveness of an arrearage under (f) of this section and any regulations adopted by the agency under that subsection, the agency may forgive up to 20 percent of the total arrearage owed to the state under Alaska Stat. § 25.27.120, including any interest owed on that debt. For purposes of determining the amount of the forgiveness, the arrears shall be calculated as of the date the obligor is approved for participation in the forgiveness program.(h) The agency may establish by regulation requirements and limitations on eligibility in addition to those stated in (f) and (g) of this section.
